What are the differences between the services of a lawyer and a mediator?

Lawyers represent the interests of their clients and advise them on the best way to present their case. Lawyers can discuss with you what may happen in court and can discuss ways of maximizing your concerns. On the other hand a mediator doesn’t give legal advice or recommend the terms of an agreement. A mediator does not represent either side of a dispute, even if the mediator is also an attorney. Mediators assist people in conflict to communicate with each other and try to reach lasting agreements that are satisfying to both parties. In mediation you speak for yourself rather than having a lawyer speak for you.

Mediators

Mediation professionals are experts in resolving conflict, creating agreement and creative problem solving. By identifying points of agreement and then isolating and resolving points of disagreement, they help clients make informed, intelligent decisions that both sides feel are fair and in their mutual best interest. This process includes virtually all aspects of their lives that they need to untangle and is done in a way that first and foremost validates and considers both parties’ needs and interests equally.

Marc P. Feldman’s Divorce Mediation Center of New Jersey is a provider of divorce mediation services. I don’t double as therapists, although at times it’s necessary and appropriate to explore the hostile feelings behind a couple’s inability to agree on a particular issue to help break an impasse. Divorce and Family Mediation and Conflict Resolution is a profession separate and apart from the practice of law.

Attorneys

Attorneys are legal advocates and experts in the law and the use of litigation, the legal procedures used when representing clients in court. Their job is to vigorously represent their client’s wishes and interests in a very competitive, adversarial legal system where adjudication – judging and rendering a verdict – by using the law, the legally defined concepts of fairness and the guidelines established by the court are the rules of engagement. The same approach to creating a divorce agreement is reflected in many attorney-mediators’ mediation style which is why you’ll usually find a more assertive, evaluative style of mediation that predicts outcomes and influences the process by “judging” the legal merits of the settlement terms as you mediate. This more judgmental, evaluative style of mediation is also used in family court ordered mediation cases when the parties can’t reach a settlement to expedite their case and avoid a trial.

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Marc Feldman's ability to communicate was one of the effective traits that keeps me coming back to him for legal advice and help me with any legal issues. He's always made me feel like my case was the top on his priority list...Read More >